M.ANANTANARAYANAN, P.RAMAKRISHNAN
Mohammed Habibullah – Appellant
Versus
K. Seethammal – Respondent
We are fully satisfied, after a careful consideration of the arguments urged by the learned Counsel for the appellants, that this Letters Patent Appeal ought not to be admitted. The facts are clear. The appeal is sought to be filed by the owner of a motor vehicle and by the Insurance Company, with regard to a case of a fatal motor accident, which gave rise to a justifiable claim for compensation. Not merely the Claims Tribunal constituted under the Motor Vehicles Act, which went into the question, but also the learned Judge (Venkatadri, J.,) who heard the Civil Miscellaneous Appeal, both came to the unambiguous conclusion on the merits that this was a case of a motor accident that ended fatally, under such circumstances as to justify, and fully justify, the claim for compensation.
The main argument pressed before us was that the claimant was the married sister of the victim, a bachelor who died without leaving a child, parents or any other heir. Our attention was then drawn to the provisions of the Fatal Accidents Act (XIII of 1855), under section 1-A of which an action of that kind should be brought forward by an “executor, administrator or representative of
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